Monday, December 23, 2013

Research from Oxford University's Migration Observatory has revealed that Scotland's immigrant population rose by 93% in the decade from 2001 to 2011 from about 191,500 to 369,284. The Scottish government has welcomed the research.

Much of the rise was caused by immigration from eastern Europe after 2004. In that year, eight countries including Poland, the Czech Republic, Slovakia, and the Baltic states of Lithuania, Latvia and Estonia joined the EU. Citizens of these countries were then allowed to travel to the UK to live and work.

It is estimated that there are now more than 1m Poles living in the UK. The Oxford Research suggests that, of these, 55,231 live in Scotland; up from only 2,505 in 2001. Poles are now the largest minority in Scotland.

Indian population doubles

There were also sharp rises in the number of Indians. The total doubled between 2001 and 2011 to 23,489. There were also significant increases in the populations of the Irish, Pakistani, German, American and Chinese communities.

The Scotsman newspaper reports that lead researcher Dr Carlos Vargas-Silver said 'While Scotland still has a much smaller foreign born population than England, it has almost doubled in a decade'.

Dr Vargas-Silver continued 'As Scotland started with a much smaller migrant population than England, both numerically and in terms of its share of the overall population, smaller numerical growth can be considerably bigger growth in percentage terms. Nevertheless, there has been a large increase in the migrant population of Scotland, especially in Aberdeen, Glasgow and Edinburgh.

The Scottish capital Edinburgh is home to the highest number of immigrants. 15% of the population, 75,696 people, are immigrants. The northern oil city of Aberdeen has the fastest rising immigrant populations. 15.9% of the Aberdonian population is foreign-born. 12% of residents, in Scotland's biggest city Glasgow, 72.607 people, were also born overseas.

Scotland's Future

On 26th November 2013, the Scottish first minister Alex Salmond published a white paper entitled Scotland's Future, Your Guide to an Independent Future, which laid out his Scottish National Party's policies for an independent Scotland in the event that the country votes for full separation from England at a referendum in 2014.

Mr Salmond argues that Scotland would be a richer, more prosperous nation if it leaves the United Kingdom. He believes that policies devised by the British government in Westminster are often damaging to Scottish interests.

'Restrictive immigration policies are damaging Scotland's economy'

The Scottish external affairs minister Humza Yousaf spoke on the issue in May 2013 when he said that 'there's no doubt that the UK government's restrictive immigration policies are damaging Scotland's economy'.

Mr Salmond has said that, in the event that Scotland votes for independence, he will introduce an immigration system which fast-tracks international workers with skills needed in Scotland for visas and encourages more international students to stay on in Scotland after graduation.

Thursday, December 19, 2013

Mark Boleat, the policy chairman of the City of London Corporation, has called on the UK's Prime Minister David Cameron to match his 'open for business rhetoric with action on visas'. Mr Boleat was writing in The London newspaper The Evening Standard.

He said that Mr Cameron had claimed, while on a visit to China, that 'an open Britain is the ideal partner for an opening China'. Mr Boleat questioned whether Britain is really as 'open' as Mr Cameron claimed.

Mr Boleat said that a recent poll showed that only 14% of respondents in a recent poll believed that immigration from the EU was good for the UK while over 60% believed that it was harmful.

'We must prove the UK is open'

He said 'We must prove the UK is open by consistently emphasising the benefits managed immigration brings to the country as a whole'. He said that 'the government should make it clear that the UK continues to welcome talented people from across the globe – regardless of nationality'.

Mr Boleat said that much of London's success can be attributed to immigration. He said 'Malaysian microbiologists in Bloomsbury, Indian IT experts in Shoreditch and Croatian composers at the Barbican are all integral parts of London life'.

But he said that 'anti-immigration mood music' had the potential to damage the UK's competitiveness. He said that a perception that the UK no longer welcomed Indian students had resulted in a 'sharp drop' in the number of Indian students applying to study in the UK.

Perception often trumps reality

He said that this showed how 'perception often trumps reality'.

He said 'matching the open for business rhetoric with action on visas will help London and the UK keep pace in a fast-changing world'.

Skilled workers from around the world benefit the UK economy

'Skilled workers from around the world have been of great benefit to the UK's economy. I agree with Mr Boleat that we need to take "action on visas" to help the British economy.

The Tier 1 General visa was a great success. This visa allowed immigrants to come to the UK to work for any employer. It should be brought back perhaps in modified form. Steps should also be taken to make it easier to come under the Tier 2 work visa and Tier 4 student visa schemes."

Monday, December 16, 2013

Two high-profile UK businessmen have called on the government to relax immigration controls in the UK.

On Sunday 8th December 2013, Sir Stuart Rose, formerly the chairman of the iconic British retailer Marks & Spencer and now the chairman of retail delivery firm Ocado, told Sky News that the UK should welcome workers from Romania and Bulgaria.

On Monday 9th December, the chief executive of Domino's Pizza Lance Batchelor said that workers should be allowed to come to work in the UK from beyond the European Economic Area because Domino's cannot recruit enough chefs and delivery drivers to expand its UK business as fast as it would like.

Harder to hire staff since rules were 'tightened'

Mr Batchelor told journalists 'since the immigration laws were tightened up two or three years ago, we are finding it harder and harder to hire staff, especially in London and the south-east…We could fill 1,000 jobs across the UK tomorrow if we could get the candidates to apply for them'.

At present, citizens of most countries in the European Union are free to live and work in the EU. In January 2014, seven years after their countries joined the EU, citizens of Bulgaria and Romania will be free to live and work in the UK after 'transitional controls' introduced when the countries joined the EU in 2007 expire.

The UK government has promised to limit net immigration into the UK to less than 100,000 annually. It has cut the number of people arriving from outside the EU but the latest figures show that the number of people arriving in the UK from within the EU is rising and so net immigration rose by 15,000 to 182,000 in the year to June 2013.

The UK government is currently lobbying other EU countries to try to limit the number of workers allowed to live and work in the UK.

Domino's could pay staff more

Speaking to the Home Affairs Committee of the House of Commons on Tuesday 10th December, immigration minister Mark Harper said that if Mr Batchelor was really suggesting that he could not recruit any suitable workers for Domino's either in the UK or from the entire European Union, he might be well advised to consider paying his workers a little more.

Writing in the City AM free newspaper, Guy Bentley suggested that anyone who thought that immigration from outside the EU would depress wages was mistaken.

He wrote 'There is little evidence to support this claim. It is true that more immigrants increases the supply of labour, but immigrants also demand goods and services leading to more jobs creation and a virtuous circle of economic growth'.

Wednesday, December 11, 2013

The UK's Home Secretary, Theresa May MP, has suggested that individual EU states should be allowed to limit the number of migrants who immigrate from within the EU.

Writing for the PoliticsHome website, Mrs May wrote 'Why should individual member states not be allowed to impose a cap on numbers if European immigration reaches certain thresholds'.

Mrs May's article was published on 28th November 2013, the same day that the latest immigration figures were published by the UK's Office for National Statistics (ONS).

Net immigration rose by 15,000

The figures show that net immigration into the UK rose by 15,000 on the previous year to 182,000. The UK's Coalition government made a commitment to cut net immigration to below 100,000 a year by 2015 from the 2010 level of 250,000 a year.

Mrs May stressed that migration had been good for the UK but said that there was a difference between controlled migration, which was of benefit to Britain and 'mass migration' which caused problems in society. It put pressure on services and housing, took jobs from UK workers and threatened social cohesion, she said.

She said that this was why the Coalition government had decided to cut immigration to below 100,000 a year. She said it had made good progress in controlling migration in the area in which it has the power to do so.

100,000 fewer people from outside EU

This, she said, was limited to controlling immigration from outside the European Union. She said 'Last year, there were nearly 100,000 fewer people immigrating to the UK [from outside the EU] than in 2010'.

She said that the government had done this by

Restricting economic immigration to the UK from outside the EU: the Coalition has put a cap of 20,700 on the number of Tier 2 (General) skilled worker visas. It has also closed down the Tier 1 (Post Study Work) visa stream which allowed international students to work in the UK for two years after graduation

Tightening the rules for family migration: UK citizens cannot now bring their spouses to the UK unless they earn above a certain amount every year

Ending the 'industrial-scale abuse of the student visa system: The government has closed down 'hundreds of bogus colleges', Mrs May said. She said that this had been necessary to prevent abuse of the Tier 4 student visa. Because of this, the number of students studying in the UK had fallen, she said.

However, Mrs May said, net immigration had still risen because the level of immigration from within the EU had risen. She said 'European immigration is up by almost a half in the last year from 72,000 to 106,000'. She said that there were higher numbers of migrants coming not just from eastern Europe but also from western European countries, particularly Spain. 'This suggests that the economic problems faced by Eurozone countries are behind this new trend' she said.

Britons need jobs

Mrs May said that it was vital to limit immigration so that British people would stand a better chance of getting a job.

She said that the government was acting to limit the 'pull factors' that might attract EU migrants to the UK. She said 'we are changing benefits rules so they are as tough as they can be' but she said 'in all honesty, whatever the government does in terms of reducing the pull factors,…as long as there is such an enormous disparity between EU member states in terms of income per head, there will be an overwhelming incentive for people to move from poorer member states to richer member states'.

She added 'that not only puts pressure on communities in countries like Britain, it robs poorer EU member states of their most talented people'. Mrs May concludes 'in future, we must put in place new arrangements to slow full access to each other's labour markets until we can be sure it will not lead to mass migration'.

EU reform is vital

Mrs May said that the UK government must 'seize the opportunity presented to us by the Prime Minister's (David Cameron) plan to reform the EU – and address the problems caused by free movement'. 'Why individual member states should not be allowed to impose a cap on numbers' she asked.

The UK's Prime Minister David Cameron travelled to Lithuania for a European leaders' summit on 27th November. While there, he attempted to persuade other EU leaders of the need to reform the EU's rules on free movement to prevent so many people from moving from poorer countries, mainly from the former Eastern Bloc Countries to the richer countries in the west.

Friday, December 6, 2013

David Cameron, the UK prime minister, was guest of honour at the British Curry Awards on 26th November 2013. The event was held at the Battersea Evolution centre. 12 prizes were awarded; nine regional bests along with 'Best Newcomer and Best Takeaway' and a Special Recognition Award.

Speaking at the event, Mr Cameron admitted that the visa regime was causing problems for the sector and indicated that he was prepared to be flexible. He said 'let me promise you this – we will work through this together. We will continue to get you the skilled Asian chefs that you need and we will also work with you to train up the next generation of home-grown chefs'.

That the Prime Minister should attend the awards is a sign that curry is big business in the UK. The Big Hospitality website reports that the sector is worth £3.6bn a year and provides employment for more than 80,000 people.

Curry came to UK with Indian migrants

Britain's love affair with curry began in the mid-20th century when many immigrants came to the UK from the Indian subcontinent. Curry restaurants quickly became a feature in every town and city. They were often the only restaurants in which most lower-income people could afford to eat.

That is no longer always the case. The Benares restaurant, owned and run by Atul Kochhar, which won the award for best London curry restaurant, is in the exclusive Mayfair district has a prestigious Michelin star and offers a Bruno Menard Pauillac wine at £649 per bottle.

As the first generation of Indian chefs retired, their children, born in the UK, chose not to follow them into the industry, perhaps dissuaded by long hours and low pay, so leading to a UK shortage of curry chefs.

Immigration crackdown has caused curry chef shortage

But restaurant owners in the sector have complained in recent years that a UK immigration crackdown has prevented them from bringing trained chefs to work in the UK from Pakistan, Bangladesh, India or Sri Lanka.

In February 2012, the chairman of the House of Commons Home Affairs Committee, Keith Vaz MP, warned that changes to the Tier 2 (General) skilled worker visa were likely to make it impossible for Indian chefs to come to work in the UK.

Mr Vaz said 'Under the rules for Tier 2 skilled migrants, chefs from non-European Union countries who will be allowed to work in the UK have to earn a minimum amount of £30,000 annually. This is far too high and the restriction has badly hit Indian restaurants in the UK'.

'Four year chef visa'

Mr Vaz suggested that a four year 'chef visa' might allow UK Indian restaurants to bring proper Indian chefs to the UK on a temporary basis but so far, there has been no progress with this suggestion.

Mr Cameron told the Awards audience that the industry's problems would not be solved overnight and would require 'long term commitment on all sides'.

Thursday, December 5, 2013

The YouGov polling organisation has carried out polling in the UK recently which shows that the UK's population has complex views on immigration. On the whole, people in the UK approve of economic immigration but disapprove of family-based immigration.

UK people are overwhelmingly in favour of encouraging wealthy investors to settle in the UK. They also approve of allowing international students to come to study in UK universities. There is also a sizeable majority in favour of allowing highly skilled workers to come and work in the UK.

Peter Kellner, a co-founder of YouGov, wrote an article for UK newspaper The Guardian on 25th November 2013 in which he set out the figures gathered from two recent YouGov polls.

Britons welcome high value migrants

He said that

71% of Britons think either the same number or more wealthy investors should be admitted to the UK. Only 19% thought that fewer people should be admitted.

68% of Britons thought more or the same number of students should be allowed to study in the UK. Only 25% thought the number should be cut.

63% of Britons thought that as many or more highly skilled workers should be allowed into the UK to work. 29% thought that this number should be cut.

50% of people thought as many or more people should be allowed to come to the UK to work in the NHS. 39% thought that the current level should be decreased.

48% thought that as many or more people 'fleeing war or persecution' should be admitted. 38% thought the number should be cut.

Only 33% of those surveyed thought that the number of people coming to the UK to join relatives already here should be maintained or raised. 57% though that the number should be cut.

The findings also show that the UK population distrust their government on immigration, as they do on almost every other issue. Only 7% of the population believes that immigration has fallen in recent years even though the government says that immigration has fallen by nearly 100,000 a year since 2010.

Two thirds of Britons favour limiting EU immigration to UK

The survey also showed that about two thirds of those surveyed were in favour of limiting immigration from within the EU. Mr Kellner said 'By 52% to 29%, voters want David Cameron to seek to end these rights [the right of Europeans to work in the UK] as part of his proposed renegotiation of the United Kingdom's relationship with the EU'.

Mr Kellner predicts 'immigration then, is not going to go away as one of the hottest political potatoes in the run-up to next year's elections to the European parliament and the following year's general election'.

Wednesday, December 4, 2013

An Australian trade union alleges that two multinational companies deliberately abused the 457 visa scheme to employ Hungarian construction workers in a Sydney suburb on pay which was about 40% of the going rate. The Australian Fair Work Ombudsman is investigating the claims.

On 14th November 2013, the ABC television network broadcast allegations that 20 Hungarian workers who travelled to Australia with 457 visas sponsored by the German based international construction company the Assmont Group had been underpaid. The men were employed to construct a computerised warehouse for the Australian supermarket group IGA in the Sydney suburb of Eastern Creek.

The contract for the construction was won by German firm Schafer. Schafer had sub-contracted work to Assmont which had secured the Temporary Work (Skilled) (Subclass 457) visas for the men (better known as the '457 visa'. The men had been in Australia for four and a half months since August 2013.

457 temporary work visas

The 457 visa is a temporary work visa that allows international workers to work in Australia for up to four years. To qualify, the applicant must be sponsored by an Australian employer and must be skilled in an occupation that is found on the Australian Skilled Occupation Lists (SOL). The SOL is a list of occupations where there is a shortage of workers qualified and willing to do the job in Australia.

Employers of workers in Australia with 457 visas should be able to 'show that they are providing you equal pay and conditions of employment to Australian workers performing equivalent work in the same location'. Australian unions insist on the enforcement of this rule because they fear that, if foreign workers are employed on inferior pay and conditions, they will replace Australian workers.

But one of the workers, Istvan Erdai, told ABC that the wages that the men had been promised in Hungary were much lower than the wages that they have actually received.

Workers paid less than half going rate

The CFMEU assistant secretary for New South Wales, Rebel Hanlon, told ABC that the men had not been issued with pay slips. ABC reporter Matt Peacock reported that the men were being paid about AUS$12 per hour for the work. The going rate is $30 per hour.

The Union also claims that it has suspicions that the men's trade certificates, which prove that they are skilled in shortage occupations, are of dubious merit. Mr Hanlon said that, because the men do not speak English to the required level, they would be unable to communicate with non-Hungarian workers on the site, which would create a safety hazard. He said that, therefore they should not have been granted certificates.

No need for intervention

One of the men had a metal shard in his eye and had lost 20% of his vision. He alleges that he was told not to worry about it as there was 'no need for [medical] intervention'. He was also told to pay for treatment out of his own travel insurance.

The two companies involved, Schafer and Assmont issued statements. Schafer said it was unaware of the issue. Assmont said it had 'every intention to comply with all Australian industrial rules and regulations'. It said that it 'will do everything necessary to ensure the claims will be satisfactorily addressed as speedily as possible'.

Union official Brian Parker said that this was 'just the tip of the iceberg' alleging that 457 visas were being abused all over Australia to bring in cheaper foreign labour and replace Australian workers.

Australians 'do not want to take apprenticeships'

But Michael Walker of the Migration Institute of Australia said 'We simply don't have young Australians that are wanting to come through and do apprenticeships, where they start off on fairly low wages themselves, and many of them seek to advance themselves academically through universities but not TAFE colleges….it's simply a fact of life now that we have a major skills gap in the trades area.'

He added that firms that employed foreign workers with 457 visas were often able to grow their businesses and employ Australians.

Tuesday, December 3, 2013

If you have money to spare and want to live in the European Union, there are now quite a few options open to you. The UK has had its Tier 1 (Investor) visa since 2008. Latvia launched its Immigrant Investor Visa in 2008. Portugal launched the so-called 'Golden Visa' in 2012. Now, Cyprus, Spain and Greece have joined them. All these countries issue temporary resident visas to people who invest in property or other investments within their country.

The rules vary from country to country, as do the amounts that you have to pay and the length of the visa you will receive but the basic principle is the same. If you can afford to make a significant investment in a European country, then you will be eligible for a temporary resident visa.

What is more, if you qualify for a visa in a Schengen country, you will be able to travel fairly freely throughout the Schengen Area for 90 days in every 6 month period. The Schengen Area comprises 26 countries, most of which are in continental Europe and part of the European Union. The 26 countries no longer check for passports at their common borders thereby creating a free-travel area. The UK and Ireland are not part of the Schengen Area.

The UK's Tier 1 (Investor visa) allows foreign nationals from outside the European Economic Area to apply for a temporary residence visa which lasts for three years initially. It can be renewed and visa holders will, in time qualify for permanent residence then citizenship. The minimum investment is £1m. Investment can be made in any government approved UK investment.

Latvia

Latvia's Immigrant Investor Visa currently allows those who make a minimum qualifying investment of 20,000 Latvian Lats to apply for a temporary residence visa lasting for five years. This scheme is probably the best value for money. The scheme opened in 2010 and thousands of visas have been issued but, in October 2013, The Latvian parliament approved changes to the scheme. If these are approved by the president, as of January 2014, the minimum investment will be €150,000. The visa application fee will also rise from about 70 Lats to some €50,000.

Portugal

Portugal's 'Golden Visa' scheme which opened in 2012, allows those who make a minimum investment of €500,000 to apply for a temporary resident visa. The initial visa lasts for one year and can be renewed twice for two year periods. At the end of that period, visa holders should be able to apply for permanent residency provided that they have fulfilled the minimum residence periods each year. Visa holders must spend at least seven days in Portugal in the first year and 14 days in the remaining four years. Thereafter, visa holders should be able to apply for citizenship. People who invest €1m in Portugal or set up a business which creates 10 jobs can also apply.

The Cyprus F Visa

The Cyprus F visa was opened in 2012. The minimum qualifying investment is €300,000. Successful applicants will receive a three-year, renewable, temporary residence visa. Cyprus also offers a 'fast track citizenship' option for those who are able and willing to invest €10,000,000 in a qualifying investment.

Greece

Greece opened its version of the Golden Visa in July 2013. An investment of €250,000 in Greek property should secure a five year resident visa. Greece also issues visas to those who make 'strategic investments' and/or create or buy a business that employs at least ten people. Successful applicants will qualify for a 5-year temporary resident visa.

Spain

Spain's temporary resident visa scheme is similar to Portugal's. It was opened for applications in October 2013. As in Portugal, the Spanish visa is also known as the 'golden visa' and also has a minimum qualifying investment of €500,000 in property. Applicants can also invest €2,000,000 in Spanish government bonds. As in Portugal, successful applicants will, initially, receive a one-year, temporary residence visa which can be renewed twice for two year extensions.

Applicants in all countries can apply to bring their spouses and dependent children with them.
These visas are clearly not for everyone. The minimum qualifying investment is, in every case, a substantial sum of money. But government representatives in all countries report that interest is high. Most interest comes from China with significant further interest coming from the Russian Federation, India and various other countries in Africa, South America and Asia.

Portugal will issue 400 Golden Visas each year

The Portuguese have so far issued 318 Golden Visas and say that they will issue about 400 each year. It remains to be seen what the effect of increased 'competition' from other EU states will be.

One thing that appears to be certain is that, as the European economy continues to struggle, it is likely that more countries will join the rush and issue visas to people from outside the European Economic Area who are prepared to invest in property, bonds or businesses.

Monday, December 2, 2013

Australia's Assistant Minister for Immigration and Border Protection, Senator Michaelia Cash, has announced that employers recruiting for 'highly skilled occupations' will be exempted from the Labour Market Testing requirement and so will not need to advertise jobs in Australia before offering them to temporary foreign workers. This appears to be a policy U-turn on a commitment to scrap the Labour Market Testing (LMT) requirement altogether.

In June 2013, Australia's previous Labor government passed legislation which required Australian employers to advertise jobs in Australia under LMT before employing foreign workers under the Temporary Work (Skilled) visa (subclass 457). The new law requiring LMT is due to come into force on 23rd November 2013.

In June, when the Australian parliament debated the legislation, the opposition immigration spokesman, Scott Morrison, opposed the introduction of LMT saying that it would be costly and unnecessary. Mr Morrison is now the Immigration minister for the new Coalition government. He has faced repeated calls from Australian business organisations to repeal the LMT legislation.

Warning for employers not to abuse the system

Mr Morrison gave his first speech on the subject since the election in October. In it, he told employers that he would not tolerate any abuse of the system. In a speech he said 'If you abuse [the system] then you can expect me in my first responsibility for law enforcement in immigration to be as tough on that as people-smugglers find that I will be tough on our borders'. In an interview with ABC Television he refused to say that he would repeal the provision requiring Labour Market Testing.

Employers organisations such as AMMA, the Australian Mines and Minerals Association and Master Builders Australia have called for the Labour Market Testing requirement to be scrapped.

But research by the Construction, Forestry, Mining and Energy Union shows that applications for 457 visas have dropped by 13% since the news that LMT was to be introduced was announced. Between May and August 2013, there were 23,450 requests for 457 visas, down 3,500 on the same period in 2012.

Government intends to 'appease big business backers'

The Union's national construction division secretary Dave Noonan said that this showed that unwarranted applications had been made before the LMT requirement had been introduced. He accused the Coalition of intending to 'appease its big business backers' by removing the LT tests.

Now Ms Cash's statement suggests that the LMT requirement will stay for most 457 visas. Ms Cash issued a statement on 15th November 2013 confirming the exemption. It said that the government was adopting 'a sensible approach by exempting highly skilled occupations from the requirement.

Ms Cash said 'the government fully supports the principle that Australian workers have priority, but to bind employers up in needless red tape will only stymie Australian business and cost Australian jobs over the long run. That is why in implementing Labor's labour market testing policy the government has adopted a sensible approach by exempting highly skilled occupations from the requirement.'

457 visa lasts for up to four years

The 457 visa allows skilled workers to work in Australia for up to four years. In order to qualify, an applicant must be sponsored by an Australian employer which has been approved by the government. The employer must then nominate the candidate for the position. The candidate then applies to Australian immigration for a 457 visa.

Applicants can bring their partners and dependent children with them while in Australia and can enter and leave the country as often as they wish.